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The Vacancy Crisis in the Federal Judiciary: What's at Stake for Women

September 10, 2014

There are currently 59 vacancies on the federal district and appellate courts.[1] With over 850 authorized judicial seats, this represents a seven percent vacancy rate. Alarmingly high vacancy rates have persisted for over four years; indeed, the nonpartisan Congressional Research Service recently determined that we are in the longest period of historically high vacancy rates in 35 years.[2] In addition, over 35 percent of the existing vacancies (21) are in courts so overburdened that they have been designated "judicial emergencies" by the Administrative Office of the U.S. Courts. [3] Millions of people live in jurisdictions with judicial emergencies.[4]

The number of vacancies on the federal bench has a huge impact on people all around the country,including women, particularly as the number of civil lawsuits and appeals continues to rise. When the federal courts aren’t fully staffed, individuals and businesses must wait longer for their claims to be resolved. When federal judgeships sit empty, people around the country must wait for justice. The need is particularly acute for the millions of people living in a jurisdiction that has been declared a judicial emergency.[5] Accordingly, jurists across the country – including Supreme Court Chief Justice John Roberts[6] – have urged the United States Senate to act expeditiously on pending judicial nominations.

Despite the vacancy crisis, the Senate has consistently failed to make meaningful progress on judicial nominations. There are currently 26 nominees, 11 of whom are women. If all the pending nominees were confirmed, nearly half the existing judicial vacancies would be filled.

In addition, if the Senate were to confirm the pending judicial nominees, it would also increase the diversity of the federal bench, including by adding many new female judges. When our federal courts are diverse, they are more reflective of the diverse population of this nation. When our courts are diverse, people around the country may have more confidence that the court understands the real-world implications of its rulings.

Unfortunately, although women make up half the population and, for almost twenty-five years, close to half of law students, approximately one-third of federal judges are women – and many fewer are women of color.

On the federal appeals courts right now, there are two circuits with only 2 female active judges each: the First Circuit, and the Eighth Circuit.

There are seven federal courts of appeals where there is not one woman of color sitting as an active judge.

If the 11 pending female judicial nominees were confirmed, the number of women on district courts in Georgia, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, and Wisconsin would increase. Other nominees would add other kinds of sorely-needed diversity to the bench as well.